April 8, 2024: Charlottesville City Attorney on 60-day personal leave; City to retain Richmond firm to provide counsel, representation in law suits
Plus: Governor Youngkin takes action on over 250 bills including eleven vetoes
Usually most of the stories in Charlottesville Community Engagement relate to local issues, but when I can I try to bring stories about Virginia issues. Tonight at midnight, Governor Glenn Youngkin has a deadline to take action on several hundred bills. That means I have to quickly get out this edition of the newsletter documenting some of the legislation adopted, amended or vetoed last week.
In today’s edition:
A law firm that’s been working with the City of Charlottesville on land use issues is now the acting City Attorney now that Jacob Stroman is on leave for 60 days
Governor Youngkin vetoed 11 bills on Friday including one that would have established a family leave program and several related to protect physicians from disciplinary action for reproductive health services that may one day not be allowed in Virginia
Youngkin also approved over 200 bills including two of importance to land use in Albemarle County
First shout-out: Camp Albemarle
Today’s first subscriber-supported public service announcement goes out to Camp Albemarle, which has for over sixty years been a “wholesome rural, rustic and restful site for youth activities, church groups, civic events and occasional private programs.”
Located on 14 acres on the banks of the Moorman’s River near Free Union, Camp Albemarle continues as a legacy of being a Civilian Conservation Corps project that sought to promote the importance of rural activities. Are you looking to escape and reconnect with nature? Consider holding an event where the natural beauty of the grounds will provide a venue to suit your needs. Visit their website to view the gallery and learn more!
Charlottesville City Attorney on leave for 60 days; Legal firm to step in on interim basis
Charlottesville City Attorney Jacob Stroman is on leave for a personal matter and a law firm that has previously worked as outside counsel will serve in the position on an interim basis.
“The term of the engagement with Sands Anderson is currently set for 60 days,” reads a press release sent out by the city this afternoon. “Our City Attorney, Jacob Stroman, is on leave. All active litigation is being managed to ensure the City does not fall behind.”
That litigation involved White v. Charlottesville, a suit filed by a group of property owners seeking to void the Development Code based on a claim that the city did not do enough to prepare for the transportation impacts of more residential density. The city has responded to the initial lawsuit and the Circuit Court records indicate a hearing date has been set but is not listed in the system.
Sands Anderson has served in this role before after former City Attorney Lisa Robertson abruptly resigned in late December 2022. Former interim City Manager Michael C. Rogers made a decision to hire in January 2023 as well as a second firm to represent the city on land use issues and provide advice while the Development Code was promulgated.
Youngkin vetoes 11 bills including extension of family leave benefits
The Governor amended another 11, and approves 88
Governor Glenn Youngkin has until midnight tonight to take action on remaining legislation passed by the General Assembly earlier this year. By the time this comes out, he may have already done so.
On Friday, Youngkin vetoed two bills that would have prevented the Board of Medicine from taking action against a medical professional who provide “abortion care that is not prohibited under the laws of the Commonwealth” even if the care took place out of Virginia.
“This bill also opens the door to a resurgence of unsafe, risky abortions occurring outside of clinical settings, and it places any unprofessional behavior during an abortion outside the Board’s jurisdiction for disciplinary action,” Younkin wrote in his veto statement on HB519 and SB716.
HB1539 would have prevented extradition of a medical professional if the alleged crime in another state was related to reproductive health care services as defined in the bill. Youngkin said this would threaten rule of law in the United States.
“The extradition process among the states has a long and successful history within an established legal framework required by the U.S. Constitution,” Youngkin wrote in that statement. “This bill would undermine that framework and disrupt the extradition laws in all fifty states.”
SB15 is a similar bill that was also vetoed.
A bill from Delegate Marcus Simon (D-13) would have abolished the common-law crime of suicide. This passed the House of Delegates on a 62 to 37 vote but more narrowly in the Senate on a 20 to 19 vote. Youngkin said the Commonwealth has already eliminated criminal prosecution.
“In recent years, the Commonwealth has made significant improvements in mental health, including decriminalizing the effects of mental health conditions, and increasing resources for those in crisis,” Governor Youngkin wrote in his statement.
Under Virginia law, localities have the ability to issue a tax on plastic bags. HB4 would have clarified how towns that enact their own ordinance would receive the revenue. Youngkin does not think such taxes are good policy.
“Plastic bag taxes fail to achieve their intended goals and burden Virginians amid escalating inflation,” reads the veto statement. “Redirecting tax revenues to towns may further encourage governmental reliance on these taxes, exacerbating the issue.”
SB373 would have established a paid family leave and medical leave insurance program under the Virginia Employment Commission.
“The bill provides that the amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage,” reads a summary of the bill. “The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program.”
Youngkin pointed out that the legislation did not apply to state employees and that was unfair.
“The proposed paid family and medical leave program is a one-size-fits-all solution that removes the incentive for the private sector to provide these benefits,” Youngkin wrote in his veto statement. “Many businesses in Virginia already have paid family and medical leave policies.”
HB442 would have required landlords who own more than four rental units to work out a payment plan with tenants in arrears before terminating a rental agreement.
“This bill would insert the government between housing providers and tenants and interfere with these relationships and the parties’ freedom to craft an arrangement that fits their needs,” Youngkin wrote in that veto statement.
Another tenant protection bill is HB598 would have extended to 14 days the current five-day waiting period after a written notice of nonpayment and the termination of a lease and eviction.
“Under current law, tenants have a right of redemption and can pay any amounts due before an eviction to halt the eviction process, making the bill unnecessary,” Youngkin wrote.
HB817 and HB1251 also extended protections to tenants and Youngkin vetoed those as well.
More on what was approved and amended on Friday in a future edition of the newsletter.
Second shout-out: Judy Woodruff to address Emily Couric Leadership Forum on April 30
In today’s first subscriber-supported public service announcement: On April 30, the Emily Couric Leadership Forum will award $250,000 in scholarships to area high school women in recognition of leadership excellence at its annual Luncheon at the Omni Resort in Charlottesville. The keynote speaker for the event is Judy Woodruff, senior correspondent for the PBS Newshour. The group anticipates a sell out for this year’s luncheon, so this is a good time to buy a ticket. If they do sell out the event, there will be a wait list.
Find out more and consider your own donation at www.emilycouricleadershipforum.org.
Governor Youngkin signs legislation releasing a state-owned easement at Biscuit Run
On Thursday, Youngkin signed 150 bills.
HB778 is related to Biscuit Run Park. The Department of Conservation and Recreation owns the land which Albemarle County leases for a nominal annual fee. Under this bill, the DCR will relinquish some of its property rights for ingress and egress onto adjoining properties.
“The county has no need to reestablish the crossing of Biscuit Run or utilize the easement for access to the future park,” reads the bill.
Advocates of reducing the cost to build housing have argued that the building code needs to be amended to allow only one exit to be present in multifamily buildings. HB368 and SB195 direct the Board of Housing and Community Development to convene a stakeholder group to study the issue and recommend potential changes by the end of the year. I’ll have a story on this in C-Ville Weekly on this topic on Wednesday.
HB233 lowers the eligibility threshold for property whose applicants seek funding from the Virginia Business Ready Sites Program to 50 acres from 100 acres under certain circumstances. Albemarle County has sought this given the lack of available land.
Here are some of the other bills that will become law after Thursday’s signatures.
The Department of Education will be required to develop materials to educate students on the health risks of opioids. HB134 passed unanimously.
The sale or manufacture of xylazine for human consumption will be a Class 5 felony. The pharmaceutical is an opioid used in veterinary care. (HB1187)
The Department of Education also is required to establish a Farm to School Program Task Force to recommend ways to get locally produced food into local schools. HB830 passed the House of Delegates on a 94 to 4 vote and the Senate on a 39 to 1 vote. The lone vote was Senator John McGuire who is challenging U.S. Representative Bob Good for the Republican nomination in Virginia’s Fifth District.
The Board of Social Services will no longer be allowed to require new applicants for Supplemental Nutrition Assistance Program benefits to do so in person. HB150 passed the House of Delegates 89 to 9 and the Senate 22 to 18
HB234 and SB516 will allow localities to adopt ordinances giving them the power to impound or seize all-terrain vehicles found to be operating on roads and sidewalks.
The State Health Commission is to create a statewide registry of patients who have sickle cell disease. (HB252)
You can no longer finance the purchase of a dog or a cat now that HB330 will become law on July 1.
Emergency departments at hospitals will be required to have one licensed physician on hand at all times. This is due to the passage and adoption of HB353.
The Board of Medicine will be able to issue a two-year provisional license to a physician licensed to practice medicine in a foreign country if they’re going to be working in a medically underserved area. (HB995)
Developing a historic property? If you’re using tax credits, the maximum amount that can be claimed in a year will increase from $5 million to $7.5 million. HB960 and SB556 take effect on July 1.
Tow truck drivers will be prohibited from driving past the scene for which a law-enforcement agency has requested assistance. That’s HB1073.
The Department of Corrections will create an ombudsman position and a Corrections Oversight Committee now that HB555 has been signed into law
HB801 would require the Department of Corrections to provide telephone systems and other communications systems that are to be available to inmates at “the lowest available rates.”
HB912 would require profits from such systems to be put toward programs “for educational, recreational, or medical purposes for the benefit of the inmates to include behavioral health, substance abuse, reentry, and rehabilitative services and may be expended to pay for the training, salaries, and benefits of employees or contractors whose primary job is to provide such programs and services to the inmates.”
HB711 and SB599 authorizes bonds up to $124,285,000 for revenue-producing capital projects at James Madison University, Virginia State University, and The College of William and Mary.
Do you want your wedding to be officiated by a member of Congress? HB1126 extends that privilege to U.S. Representatives and Senators.
The Department of Health will be required to approve alternative onsite sewage systems if they meet certain guidelines. (HB1431)
More bills in the next edition of the newsletter.
Reading material:
‘Not Your Parents’ Library’: University Celebrates Shannon Grand Opening, Alice Berry, UVA Today, April 5, 2024
A campaign is calling on UVa's rector to resign. But who is funding it?, Emily Hemphill, Charlottesville Daily Progress (paywall), April 6, 2024
Project underway to restore 'portal stones' at Blue Ridge Tunnel, Emily Barber, Nelson County Times (via Charlottesville Daily Progress (paywall)), April 7, 2024
A very quick #660 to you, too
The clouds rolled in over Lower Makefield, Pennsylvania just as the moon began to obscure the disc of the sun. I was grateful to be sitting outside with my parents in the garden of my mother’s memory care unit. I was with family members at the last eclipse.
And here is this newsletter, which was produced the same day I wrote an article for C-Ville Weekly and I’m about to go on the radio with Courteney Stuart. Some days I feel like I’ve fallen into this weird life and other days I realized that I had no choice but to be whoever I ended up being.
The newsletter is in flux with the podcast versions much more difficult to do now that I’ve made some structural changes. But I’m enjoying this adventure as a one-person information outlet, constantly working on the next set of stories.
And I’m grateful that I have people who have subscribed and are helping me cover my bills. I intend to keep following up on all of these stories and replacing with my frustration about being unable to cover it all with a sense of mission to boost efficiency.
I just sent the City Communications Director for the City of Charlottesville more questions related to the departure of the City Attorney. I’ll put the answers when that story is posted to Information Charlottesville. Thanks for supporting my adventure.
Your paid subscription through Substack will help me keep going. Ting will match your initial payment. That’s mighty generous of them, but I think they also recognize the importance of writing out what’s happening.
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